Cases eligible and conditions for consideration of exemption from retrospective collection of tax of import and export business enterprises in Vietnam

Cases eligible and conditions for consideration of exemption from retrospective collection of tax of import and export business enterprises in Vietnam (Internet image)

Circular 77/2008/TT-BTC stipulates cases eligible and conditions for consideration of exemption from retrospective collection of tax and payment of fines in Vietnam as follows:

- Tax amounts subject to retrospective collection and fines of goods lots for which customs declarations were registered with customs offices on or before October 15. 1998.

- Tax debts due to one of the following objective causes will be considered for exemption from retrospective collection and payment of fines for late payment of tax amounts subject to retrospective collection. Specifically:

+ Tax policy change (related to taxable prices and tax rates): A new tax policy was introduced after the date of registration of import declarations and had a retrospective effect; enterprises had paid tax according to customs offices' tax notices before the effective date of the new tax policy but they were later ordered by customs offices to pay tax retrospectively.

+ Customs offices' previous documents guiding the application of commodity headings and taxable prices which were unclear and untrue to the actual state of goods or were incompliant with the law on import and export taxes, and were later replaced by other documents or were adjusted. Accordingly). if recalculated, payable tax amounts were higher than those notified by customs offices and, therefore, were retrospectively collected.

+ A Commodity item with divergent assessment results or difficult to categorize. The customs office could not accurately categorize it and determine its beading when carrying out customs procedures. The enterprise was later ordered to pay tax retrospectively.

More details can be found in Circular 77/2008/TT-BTC, which comes into force from October 17, 2008.

Ngoc Tai

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